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Feminist Judgments: Corporate Law Rewritten

Feminist Judgments: Corporate Law Rewritten
Author: Anne M. Choike
Publisher: Cambridge University Press
Total Pages: 489
Release: 2022-12-31
Genre: Law
ISBN: 1009035339

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Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.


Feminist Judgments: Rewritten Property Opinions

Feminist Judgments: Rewritten Property Opinions
Author: Eloisa C. Rodriguez-Dod
Publisher: Cambridge University Press
Total Pages: 445
Release: 2021-10-28
Genre: Law
ISBN: 1108835538

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Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.


Feminist Judgments: Rewritten Tort Opinions

Feminist Judgments: Rewritten Tort Opinions
Author: Martha Chamallas
Publisher: Cambridge University Press
Total Pages: 459
Release: 2020-12-10
Genre: Law
ISBN: 1108484298

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A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.


Feminist Judgments: Reproductive Justice Rewritten

Feminist Judgments: Reproductive Justice Rewritten
Author: Kimberly Mutcherson
Publisher: Cambridge University Press
Total Pages: 407
Release: 2020-04-16
Genre: Health & Fitness
ISBN: 1108425437

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Reproductive justice theory made real through re-imagining critical cases addressing pregnancy, parenting, and the law's treatment of marginalized women.


Feminist Judgments: Family Law Opinions Rewritten

Feminist Judgments: Family Law Opinions Rewritten
Author: Rachel Rebouché
Publisher: Cambridge University Press
Total Pages: 449
Release: 2020-06-25
Genre: History
ISBN: 1108471706

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Reimagined court opinions that address iconic issues in family law from a feminist perspective with timely commentaries on those issues.


Feminist Judgments

Feminist Judgments
Author: Rosemary Hunter
Publisher: Bloomsbury Publishing
Total Pages: 504
Release: 2010-09-30
Genre: Law
ISBN: 1847316018

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While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world... If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'


Feminist Judgments: Rewritten Tort Opinions

Feminist Judgments: Rewritten Tort Opinions
Author: Martha Chamallas
Publisher: Cambridge University Press
Total Pages: 459
Release: 2020-12-10
Genre: Law
ISBN: 1108598447

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By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience.


Scottish Feminist Judgments

Scottish Feminist Judgments
Author: Sharon Cowan
Publisher: Bloomsbury Publishing
Total Pages: 483
Release: 2019-10-31
Genre: Law
ISBN: 1509923268

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"An innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book re-writes 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing the power, politics and partiality reflected in the initial judgment, our feminist judges provide alternative accounts that bring gender equity concerns to the fore, whilst remaining bound by the facts and legal authorities encountered by the original court. Paying particular attention to Scotland's distinctive national identity, fluctuating experiences of political sovereignty, and unique legal traditions and institutions, this book contributes in a distinctive register to the emerging dialogue amongst feminist judgment projects across the globe. Its judgments address concerns not only about gender equality, but also about the interplay between gender, class, national identity and citizenship in contemporary Scotland. It will be of interest to academics, practitioners and students of Scots law, and policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally. The book also showcases unique contributions from leading artists which, provoked by the enterprise of feminist judging, or by individual cases, offer a visceral and affective engagement with the legal"--


Feminist Judgments

Feminist Judgments
Author: Ann C. McGinley
Publisher: Cambridge University Press
Total Pages: 535
Release: 2020-10-15
Genre: Law
ISBN: 1108493173

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This book provides 15 employment discrimination cases rewritten from feminist perspectives, along with commentaries, to demonstrate what could have been.


Australian Feminist Judgments

Australian Feminist Judgments
Author: Heather Douglas
Publisher: Bloomsbury Publishing
Total Pages: 780
Release: 2014-11-20
Genre: Law
ISBN: 1782255419

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This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.